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HomeMy WebLinkAboutStaff Report 2510-5323CITY OF PALO ALTO CITY COUNCIL Monday, December 15, 2025 Council Chambers & Hybrid 4:30 PM     Agenda Item     19.Approval of a Professional Services Contract Number C26196324 with Santa Clara County Communications in an Amount Not to Exceed $100,000 for Public Safety Radio Maintenance and Support for a Period of Five (5) Years; CEQA Status - Not a Project 4 8 1 1 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Police Meeting Date: December 15, 2025 Report #:2510-5323 TITLE Approval of a Professional Services Contract Number C26196324 with Santa Clara County Communications in an Amount Not to Exceed $100,000 for Public Safety Radio Maintenance and Support for a Period of Five (5) Years; CEQA Status - Not a Project RECOMMENDATION Staff recommend the City Council approve and authorize the City Manager or their designee to execute Contract No. C26196324 (Attachment A) with Santa Clara County Communications for the maintenance and support of multi-band portable and mobile radios and accessories for a term of five (5) years and a total amount not-to-exceed $100,000. BACKGROUND In 2010, the Palo Alto City Council approved an agreement to join and form the Silicon Valley Regional Interoperability Authority (SVRIA)—a Joint Powers Authority (JPA) established in collaboration with other Santa Clara County municipalities and agencies. The goal of the SVRIA is to enhance, coordinate, and govern regional public safety data and radio communications systems to improve interoperability among agencies. In June 2015, the Council further approved a Memorandum of Understanding (MOU)1 for the City’s participation in a multi-year project with other SVRIA members to fund, construct, and deploy a new county-wide public safety radio communications network, formally known as the Silicon Valley Regional Communications System (SVRCS). 1 City Council, June 19, 2017; Agenda Item #7, SR#8157, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2015/id-5811.pdf 4 8 1 1 ANALYSIS The SVRCS is a trunked, digital communications system designed to meet nationally recognized specifications for unified public safety communications. It integrates multiple communication technologies, including: Dual-band radio frequencies Microwave transmission systems A wired wide-area network (WAN) This infrastructure connects Public Safety Answering Points (PSAPs), such as 9-1-1 dispatch centers, with key public safety facilities and radio sites throughout Santa Clara County. The system delivers secure, reliable voice and data communications for mission-critical operations involving police, fire, emergency medical, and other public service agencies. As a fully integrated member of the SVRCS, the City of Palo Alto benefits from improved interoperability with regional and neighboring jurisdictions, enhancing public safety responses during routine operations and large-scale emergencies. The City has an inventory of more than 750 two- way radios used by public safety and field personnel that operate under the SVRIA JPA and has contracted with Santa Clara County since 2020 to maintain and repair this equipment. Prior to 2020, maintenance, inspection, and operational support of this equipment were handled by a Communications Technician FTE. The agreement ensures timely service, replacement, and updates to critical radio communication assets. This contract was exempt from solicitation in accordance with Palo Alto Municipal Code 2.30.360(j), Cooperative purchases, with one or more other public agencies or through a cooperative purchasing agency, provided: (i) the services are solicited using methods substantially similar to those required by this chapter, as determined by the Procurement Officer; and (ii) the contract is consistent with the requirements specified in this municipal code. The city entered into a Memorandum of Understanding with all the Joint Powers Authority members in Silicon Valley Regional Interoperability Authority(SVRIA). An RFP process selected Motorola for the radio system and the County of Santa Clara to operate and maintain the system. Department recommends continuing work with Santa Clara County because of their experience, capacity, and skill maintaining equipment for other county agencies on the same system and the history the City has had with their service. These services are funded through the Police Department’s Technical Services Division operating budget. Funding for the first year of this contract was budgeted as part of the Fiscal Year 2026 Adopted Budget. Funding for this contract in subsequent fiscal years is subject to annual appropriation of funds. Technical rates are the discretion of Santa Clara County and for subsequent fiscal years will be published annually in June and effective July 1. 4 8 1 1 STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Andrew Binder, Police Chief Agreement between the County of Santa Clara and the City of Palo Alto for Communications Technical Services Page 1 of 7 AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND ACKGROUND This AGREEMENT (“Agreement”) is entered into by and between the County of Santa Clara (“COUNTY”) and the City of Palo Alto (“CITY”), collectively referred to herein as the “Parties” and individually as a “Party.” The following recitals constitute a substantive portion of the Agreement. , CITY wishes to contract with a provider of public safety communications services for the provision of technical services on its behalf that are critical to the protection of the lives and property of the residents and employees of CITY; and, , the COUNTY is qualified and prepared to provide effective, timely, and efficient technical communications services for CITY. The service obligations of the Parties are described in Exhibit A “Communications Technical Services Scope of Work,” which is attached and incorporated herein by this reference. CITY shall compensate the COUNTY for the services provided under this Agreement in accordance with the cost methodology set forth in Exhibit B “Communications Technical Services Compensation,” which is attached and incorporated into this Agreement. CITY shall pay the COUNTY within thirty (30) calendar days of receipt of billing for communications services. Agreement between the County of Santa Clara and the City of Palo Alto for Communications Technical Services Page 2 of 7 Article 3. Term and Termination (a) This Agreement is effective from January 15, 2026, through January 14, 2031, unless terminated earlier in accordance with Section 3.2. (a) Termination for Cause Either Party may terminate this Agreement for cause upon written notice to the other in accordance with Section 6.1 of this Agreement. For purposes of this Agreement, cause includes, but is not limited to, an uncured material breach of this Agreement or a violation of any applicable laws. Such notice will specify the reason for termination and will indicate the effective date of the termination. (b) Opportunity to Cure (1) The non-breaching Party will give written notice of a material breach to the breaching Party, specifying the breach. (2) The breaching Party will not be deemed in default of this Agreement and the nonbreaching Party will not institute proceedings or exercise any remedies against the breaching Party unless the breach has not been cured, corrected, or remedied within: (A)15 business days after notice of the breach is provided; or (B)upon mutual agreement of the Parties, within a longer period as may be reasonably required to cure, correct, or remedy the breach, provided the breaching Party has commenced to cure, correct, or remedy the breach within 15 business days after notice is provided and diligently and continuously pursues such cure, correction, or remedy. (c) Termination for Convenience Either Party may terminate this Agreement without cause by giving the other Party sixty (60) calendar days written notice. (d) Compensation in the Event of Termination In the event of termination, the COUNTY shall be entitled to compensation due for services performed prior to the effective date of the termination as provided herein. Agreement between the County of Santa Clara and the City of Palo Alto for Communications Technical Services Page 3 of 7 Article 4. Liabilities and Indemnification In lieu of and notwithstanding the pro rata risk allocation that might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata, but instead the COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify, defend with counsel acceptable to the non-indemnifying Party, whose approval shall not be unreasonably withheld, and hold each of the other Parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such Party under this Agreement. No Party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring wholly by reason of the negligent acts or omissions or willful misconduct of the other Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other Party under this Agreement. In the event of any dispute between the Parties arising from or relating to this Agreement, the Parties will attempt to resolve the dispute initially by informal means. Upon the request of either Party, the contract administrators of each Party will meet to discuss the dispute, will exchange any information that they mutually agree is relevant to the issues in dispute and will use all reasonable efforts to resolve the dispute without the need for further proceedings. All notices required by this Agreement will be deemed given when in writing and delivered personally, electronically via email, or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other Party at the address set forth below or at such other address as the Party may designate in writing: To CITY: Attn: Chief of Police Palo Alto Police Department Agreement between the County of Santa Clara and the City of Palo Alto for Communications Technical Services Page 4 of 7 275 Forest Ave. Palo Alto, CA 94301 To the COUNTY: Attn: Communications Director County of Santa Clara Communications Department 2700 Carol Drive San Jose, CA 95125 6.2 Compliance and Nondiscrimination The Parties will comply with all applicable Federal, State, and local laws and regulations. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973 (Sections 503 and 504), the California Fair Employment and Housing Act (Government Code sections 12900 et seq.), and California Labor Code sections 1101 and 1102. The Parties will not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor will the Parties discriminate in the provision of services provided under this Agreement because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. 6.3 Relationship of Parties; Independent Contractor COUNTY will perform all work and services described in this Agreement as an independent contractor and not as an officer, agent, servant, or employee of the CITY. None of the provisions of this Agreement is intended to create, nor shall be deemed or construed to create any relationship between the Parties other than that of independent Parties contracting with each other for purpose of effecting the provisions of this Agreement. The Parties are not and will not be construed to be in a relationship of a joint venture, partnership, or employer-employee. Neither Party has the authority to make any statements, representations, or commitments of any kind on behalf of the other Party or to use the name of the other Party in any publications or advertisements, except with the written consent of the other Party or as is explicitly provided in this Agreement. 6.4 Governing Law Agreement between the County of Santa Clara and the City of Palo Alto for Communications Technical Services Page 5 of 7 This Agreement has been executed and delivered in, and will be construed and enforced in accordance with, the laws of the State of California. The proper venue for legal action regarding this Agreement shall be in Santa Clara County. 6.5 Assignment The Parties may not assign this Agreement or the rights and obligations hereunder without the specific written consent of the other. 6.6 Entire Agreement This document represents the entire Agreement between the Parties with respect to the subject matter hereof. All prior negotiations and written and/or oral agreements between the Parties with respect to the subject matter of this Agreement are merged into this Agreement. 6.7 Amendments This Agreement may only be amended by an instrument signed by the Parties. 6.8 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 6.9 Severability If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. 6.10 Waiver No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a Party must be in writing and shall apply to the specific instance expressly stated. 6.11 Survival All provisions of this Agreement allocating liability between CITY and the COUNTY, payment obligations, and the duty to defend, indemnify and hold harmless shall survive the termination of this Agreement. Agreement between the County of Santa Clara and the City of Palo Alto for Communications Technical Services Page 6 of 7 6.12 Integration and Order of Precedence This Agreement, including all Exhibits, represents the entire and integrated contract between CITY and the COUNTY and supersedes all prior negotiations, representations, or agreements, either written or oral. In the event of a conflict between the provisions of the main body of the Agreement and its Exhibits, the provisions of the main body shall control. In the event of a conflict between Exhibits A and B, the provisions of Exhibit A shall control. The Parties acknowledge that time is of the essence for this Agreement. Either Party’s failure to complete any of the obligations outlined herein during the term of the Agreement shall be deemed a breach of the Agreement. Unless otherwise prohibited by law or COUNTY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the COUNTY. // // // // // // // // // // Agreement between the County of Santa Clara and the City of Palo Alto for Communications Technical Services Page 7 of 7 IN WITNESS WHEREOF, the COUNTY and CITY have caused this Agreement to be executed by their duly authorized representatives effective January 15, 2026. SIGNATURES: COUNTY OF SANTA CLARA: CITY OF PALO ALTO: APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM: Agreement between the County of Santa Clara and the City of Palo Alto for Communications Technical Services Page 7 of 7 Exhibit A of Agreement between County of Santa Clara and EXHIBIT A COMMUNICATIONS TECHNICAL SERVICES SCOPE OF WORK The City of Palo Alto (“CITY”) two-way radio communications system (hereinafter “Radio System”) is currently comprised of 798 mobile and portable radios plus seven console positions located in Palo Alto and one console position located at Stanford University. The County of Santa Clara Communications Department (COUNTY) will not provide services for the eight total console positions. These eight console positions are currently maintained by Motorola Solutions, Inc. and are not included in this agreement. For the avoidance of doubt, this agreement applies only to the technical services service for the 798 mobile and portable radios. The CITY has requested the COUNTY to provide professional engineering and technical support services as required to assist in the design, licensing, procurement, implementation, maintenance, repair, and future upgrades to the Radio System, based on the Communications Department’s proven performance, experience, specially trained and competent workforce that will perform the special services as required by this Agreement. Under this Agreement, the COUNTY shall provide the CITY the following services upon CITY’s request: 1. Design and Procurement: The COUNTY will assist the CITY with future Radio System design, upgrades, and procurement of equipment and services compatible with other similar radio systems currently maintained and operated by the COUNTY. Quotations for design, engineering, initial implementation, and future upgrade services will be presented to the CITY in writing for approval prior to initiation of work. Cost estimates for COUNTY services, including any sub-contractor work if required, will be included in each quotation for the CITY’s approval prior to initiation of work. The CITY is responsible for the cost of and contracting for system procurement. 2. FCC Licensing: The COUNTY will assist the CITY with FCC licensing requirements. 3. Installation, Programming, and Optimization: The COUNTY will provide the CITY installation, programming, and system optimization services necessary to implement upgrades and/or enhancements to the CITY’s existing Radio System. The CITY will be responsible for any permitting and associated professional engineering costs at the approved time and material (T&M) rate. The County will not provide services for mobile radio installation. 4. Maintenance, Repair, Enhancements, and Modifications to Radio System: Exhibit A of Agreement between County of Santa Clara and The COUNTY will provide maintenance, repairs, modifications, and enhancements to the CITY owned Radio System infrastructure equipment charged at T&M cost recovery basis as defined in Exhibit B. Radio System modifications and enhancements will be provided by the COUNTY upon written request and quotation approval from the CITY. 5. Technical Support Services: The COUNTY will provide the CITY full-time (24 hours a day, 7 days a week) technical support services for emergency repairs charged on a time and material cost recovery basis as defined in Exhibit B. The CITY may also request repairs or service during the COUNTY’s normal business hours of 7:00 am to 3:30 pm by calling the COUNTY Technical Services Division at (408) 977- 3222. Repair or service requests made after normal business hours, on weekends and on holidays shall be submitted to the COUNTY Watch Commander in Dispatch Operations by calling (408) 294-4424. Depending on the nature and location of the requested repair or service, COUNTY technical support staff shall acknowledge receipt of the service request within 30 minutes, and an initial field response will occur within 60 minutes of notification. Actual arrival times on scene will vary based on the location and required travel time. Current COUNTY performance standards require that public safety radio systems operate 99% of the time without major system problems and 95% of the time without minor systems problems. This standard shall be applied to the CITY’s Radio System. 6. Annual Subscriber Maintenance: The COUNTY will perform performance maintenance (PM) of the CITY’s 798 mobile and portable radios on an annual (approximate 12-month interval) basis. The County will perform radio version upgrades, code plug development, and programming of subscribers upon request of the CITY. Fees for PM Service, programming, code plug development, version upgrades, and alignment will be charged on a time and material cost recovery basis as defined in Exhibit B and shall include a maximum not-to-exceed cost recovery cap of 576 hours annually. Any identified repair work will be additional and billed separately. 7. Subscribers: The COUNTY will provide programming, optimization, code plug development, version upgrades, and repairs of the CITY’s 262 mobile radios and 536 portable radios. These services will be performed during normal operating hours and not-to-exceed 576 hours annually to ensure the radios are operating within FCC and manufacturer specifications. 8. Inspection of Work: The COUNTY shall provide opportunities for the CITY, or the CITY’s designee, to inspect work performed to ensure quality assurance, and quality control, are maintained to the CITY’s standards and to the COUNTY performance standards set out in this Agreement. Exhibit A of Agreement between County of Santa Clara and Exhibit B of Agreement between County of Santa Clara and EXHIBIT B COMMUNICATIONS TECHNICAL SERVICES COMPENSATION The City of Palo Alto (“CITY”) shall compensate the County of Santa Clara Communications Department (“COUNTY”) for goods and services provided in accordance with the payment terms, conditions, and rates set forth in this Exhibit B. Any work shall be performed upon request and approval by the CITY. County Communications Technical services are billed on a T&M basis as follows: 1. Quotations and Approval: The COUNTY shall prepare quotations and shall only perform major system installation work and any future system enhancements following the CITY’s written approval. Quotations will be based on a not-to-exceed estimated amount, with final charges being billed at actual costs. Any increase to the original not-to-exceed estimated amount caused by unforeseen issues must be agreed to in writing by both Parties. 2. Subscriber Maintenance: Fees for PM Service will be charged on a T &M cost recovery basis with a maximum not-to- exceed cost recovery cap of 576 hours annually. Any repair work identified during the PM will be additional and billed separately. The CITY will pay the COUNTY for the field services and maintenance of subscriber radios that are connected to the Silicon Valley Regional Communications System (SVRCS). The fees for service maintenance of 262 mobile radios and 536 portable radios will be billed at time and materials using technical service hourly rates. Fleet mapping of radio operations will not exceed 16 hours at T&M rates. 3. Engineering and Technical Support: The COUNTY shall provide the CITY engineering and technician support as required to maintain and repair CITY owned equipment as identified through this Agreement based on fiscal year published rates. All non-regular business hour work will be billed at overtime (1.5 x regular hours) rates with a 4- hour minimum charge of $1,068.00 ($267.00 hourly x 4) for Technician support, if not contiguous with normal business hours. If contiguous with normal business hours (i.e., work begins less than four hours prior to normal business hours or work is initiated before the close of normal business hours), then the 4-hour minimum charge does not apply, and only actual hours worked (regular/overtime) will be billed to the CITY based on when the work is performed. 4. Communications Technical Services Rates: The rates for engineering and technical support are updated each fiscal year. Effective July 1, 2025, rates for Communications Technical Services for the Fiscal Year 2025-26 are set as follows: Exhibit B of Agreement between County of Santa Clara and Regular Rate After-hours Rate o Technician $178.00/hr.$267.00/hr. o Engineering Services $215.00/hr.$322.50/hr. * Technical rates for subsequent fiscal years will be published annually in June and effective July 1. 5. Billing for Services The CITY will be billed by the COUNTY on a monthly basis for work performed. The CITY: c/o Police Department Finance Administrator Eric Jensen Palo Alto Police Department 275 Forest Ave. Palo Alto, CA 94301 Email: Eric.Jensen@CityofPaloAlto.org Unless otherwise agreed to by both Parties, all payments will be made to the COUNTY within 30 calendar days of the date invoiced to: The COUNTY: Attn: Accounts Payable County of Santa Clara Communications Department 2700 Carol Drive San Jose, CA 95125 Monthly billing will include the total amount billed for the month and documentation will provide all invoices for work requested and performed during the billing period, including at minimum an itemized description of services provided by the COUNTY (e.g., breakdown of all services rendered, hours worked and travel time by service location, labor type, and a breakdown of all goods provided/billed by the County). The COUNTY shall maintain documentation of all services requested by the CITY and work performed by the COUNTY under this Agreement as detailed in “Exhibit A”. Documentation will include, but not be limited to, Radio System related engineering designs, quotations, FCC licensing, installation, preventative maintenance, and repair services. The CITY has the right to inspect COUNTY documentation upon request. Billing questions may be directed to Accounts Payable at Accounts.Payable@911.sccgov.org.